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Massachusetts Dismissal Law
Wilder v. United States of America

The facts surrounding Wilder's underlying conviction are
set forth in our prior opinion. Wilder, 526 F.3d at 35. We
summarize only the facts relevant to this appeal.
On December 1, 2009, Wilder filed a motion under 28
U.S.C. 2255 seeking to vacate his conviction on numerous grounds.
On May 14, 2012, Judge O'Toole denied the motion, with the
exception of two cons... More...
   $0 (11-20-2015 - MA)

Commonwealth v. Mogelinkski

On May 10, 2011, delinquency complaints were filed against the defendant alleging
two counts of rape of a child under sixteen, G. L. c. 265, 23,
and three counts of indecent assault and battery of a child
under fourteen, G. L. c. 265, 13B. The defendant was then
less than two weeks shy of his eighteenth birthday. A summons issued on May 11, 2011, ordering the defendant t... More...
   $0 (11-14-2015 - MA)

Commonwealth v. Everett

The Commonwealth appeals from an order dismissing - over objection -- a legally valid criminal complaint that charged the defendant with operating a motor vehicle after his license had been revoked, subsequent offense, G. L. c. 90, 23.1 The Commonwealth contends, and we agree, that here the judge, sitting in the Boston Municipal Court, lacked the authority to dismiss the complaint. For his p... More...   $0 (11-03-2015 - MA)

Commonwealth of Massachusetts v. Packer

The family. At the time of the incident, the daughter lived with her father, the defendant, and the
daughter's eight year old half-sister (born of the father and the defendant). The father and the defendant were married, and the jury reasonably could have inferred that the couple had been
together for at least eight years (the age of the half-sister).1 The father was never married to t... More...
   $0 (10-27-2015 - MA)

Custody of Victoria

The child in this case, Victoria,4 was born in
Mexico in 1997. She moved with her mother to Texas when she was
six years old, returned to Mexico to live with her maternal
grandmother when she was ten years old, and moved again to Texas
to live with her mother and stepfather when she was thirteen
years old. When Victoria was fourteen years old, in 2012, she
reported ... More...
   $0 (10-21-2015 - MA)

Nina Shervin v. Partners Healthcare System, Inc.

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent o... More...
   $0 (10-13-2015 - MA)

Nina Shervin, M.D. v. Partners Healthcare System, Inc.

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent on vindic... More...
   $0 (10-12-2015 - MA)

Commonwealth v. Henry

According to the application for the first
complaint, on July 29, 2004, Yarmouth police officer Sean Brewer
was dispatched to the home of Robin Edwards. Edwards reported
that she had an active restraining order against the defendant,
who is her former boy friend and the father of her son. The
restraining order in question, which included a no-contact
provision, had... More...
   $0 (10-03-2015 - MA)

William Cossart v. United Excel Corporation and Ky Hornbaker

This case presents a question
about the limits of personal jurisdiction. The issue arises in
connection with a lawsuit brought in Massachusetts concerning an
alleged breach of an employment contract. The contract
contemplated that the employee would work from Massachusetts for
a Kansas company, which then facilitated the employee's work from
Massachusetts by, among other th... More...
   $0 (09-30-2015 - MA)

United States of America ex rel. Jeffrey D'Agostino v. Eva, Inc.

Plaintiff-appellant Jeffrey D'Agostino (the relator) challenges both the dismissal of his qui
tam action and the antecedent denial of leave to further amend his
complaint. For obvious reasons, we consider the second challenge
first. That challenge rests in part on a novel interpretation of
the 2009 amendments to Rule 15 of the Federal Rules of Civil
Procedure. While we reject t... More...
   $0 (09-30-2015 - MA)

Merchants Insurance Group v. Spicer

On December 30, 2011, Joel Estaban Perez was
seriously injured while working for Kevin Spicer, doing business
3 Established by St. 1985, c. 572, 55, the Fund "provide[s], among other things, a source of payment for an employee who suffers a work-related injury while working for an employer who does not have workers' compensation insurance in violation" of G. L. c... More...
   $0 (09-09-2015 - MA)

Coghlin Electrical Contractors, Inc. v. Gilbane Building Co

This case requires us to resolve three issues
regarding a public construction contract that implements the
construction management at risk delivery method, pursuant to
G. L. c. 149A: (1) Does the owner who furnishes the plans and
specifications in a public construction management at risk
project give an implied warranty of their sufficiency for the
purpose intended,... More...
   $0 (09-02-2015 - MA)

Laura Sheedy v. Deutsche Bank National Trust Company

This case involves an attempt
by a Chapter 13 debtor to avoid foreclosure on her residential
mortgage through a lender liability suit in an adversary proceeding
within her bankruptcy case. Agreeing with the bankruptcy court, we
find all claims to be either time-barred or without merit, and
therefore affirm its grant of summary judgment in favor of the
I. Back... More...
   $0 (09-01-2015 - MA)

Commonwealth v. Melucci

The defendants were arraigned in April, 2013,
and the cases were scheduled for probable cause hearings in
June, 2013. After requests for a continuance made by defense
counsel, the probable cause hearings were rescheduled for
August, 2013. Due to court congestion in August, 2013, the
hearings were continued to September, 2013. At the September,
2013, hearing date, ... More...
   $0 (08-31-2015 - MA)

Bais Yaakov of Spring Valley v. ACT, Inc.

On certified interlocutory
review under 28 U.S.C. 1292(b), we hold that a rejected and
withdrawn offer of settlement of the named plaintiff's individual
claims in a putative class action made before the named plaintiff
moved to certify a class did not divest the court of subject matter
jurisdiction by mooting the named plaintiff's claims.
I. Background
ACT, Inc., is a... More...
   $0 (08-21-2015 - MA)

First Bostonview Management, LLC v. Bostonview Corporation

The plaintiff, First Bostonview Management, LLC (First Bostonview), appeals from the judgment entered pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), after the allowance of the summary judgment motion by the defendant, Bostonview Corporation (Bostonview), a charitable corporation, on First Bostonview's claims stemming from its attempt to purchase substantially all of Bostonview's real prope... More...   $0 (08-24-2015 - MA)


Sullivan delivered a letter that he had written to Nelia Sousa, a female correction officer. In the letter, Sullivan stated that he had developed "an attraction" to Sousa, described their interactions as "courting," requested that she move him into her unit so they
1 Individually and in his capacity as superintendent of Massachusetts Correctional Institution at Norfolk (MCI-Norfolk). 2 In... More...
   $0 (08-22-2015 - MA)

Gareth Francis v. Christopher Maloney and Charles E. Samuels, Jr.

Although the parties present this
case as implicating a question of due process, it ultimately turns
on our inability to provide the petitioner with the relief that he
seeks. Petitioner Gareth Francis brought this 28 U.S.C. 2241
habeas corpus petition after he was released from federal custody.
In the district court, he argued that the Bureau of Prisons ("BOP")
violated h... More...
   $0 (08-19-2015 - MA)

Timothy W. Hill v. State Street Corporation

This appeal arises out of the settlement of a securities class action brought on behalf of all who purchased the common stock of State Street Corporation during a period of just over three years. In settling the case, the lead plaintiff and plaintiff's counsel agreed with defendants that some class members would be deemed uninjured, and that others who were injured in amounts less than $10.00 woul... More...   $0 (07-24-2015 - MA)

Sirva Relocation, LLC v. Golar Richie

In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court enunciated a doctrine of abstention. Fidelity to that doctrine requires federal courts, in the absence of extraordinary circumstances, to refrain from interfering with certain state proceedings. See id. at 43-45. The Supreme Court recently revisited the Younger doctrine, clarified its operation, and narrowed its scope. See Sprint Commc'ns... More...   $0 (07-20-2015 - MA)

Commonwealth of Massachusetts v. Walte rKomnunus

On appeal from his conviction of trafficking in
cocaine in violation of G. L. c. 94C, § 32E(b)(1), the defendant
claims error in the denial of his motion to suppress evidence
seized from his apartment following a warrantless entry by
police. We conclude that the motion judge correctly denied the
defendant's motion to suppress, and affirm the judgment.
Backgrou... More...
   $0 (06-30-2015 - MA)

Carter's of New Beford, Inc. d/b/a Carter's Clothing and Footware v. Nike, Inc. and Nike USA, Inc.

This case arises out of a
contract dispute between Plaintiff-Appellant Carter's of New
Bedford, Inc. ("Carter's"), a family-owned retail clothing and
footwear business with two stores in Massachusetts, and Defendant-
Appellee Nike, Inc. ("Nike"). In an attempt to stop Nike from
terminating the parties' business relationship, Carter's filed suit
in Massachusetts state court,... More...
   $0 (06-25-2015 - MA)

Denis Murray v. Kindred Nursing Centers West, LLC

Denise Murray portrays herself as
a whistleblower and charges that her quondam employer, Kindred
Nursing Centers West LLC (Kindred), fired her on that account.
Kindred denies this charge, asserting that it terminated Murray's
employment for a legitimate, nondiscriminatory reason: suspected
drug diversion. The district court assiduously sorted through the
evidence supporting... More...
   $0 (06-10-2015 - MA)

Hyannis Marina, Inc. v. Angela M. O'Connor

Massachusetts Department of Public Utilities; JOLETTE A.
WESTBROOK, in her official capacity as Commissioner of the
Massachusetts Department of Public Utilities; ROBERT HAYDEN, in
his official capacity as Commissioner of the Massachusetts
Department of Public Utilities; JUDITH JUDSON, in her official
capacity as Commissioner of the Massachusetts Department of
Energy Resourc... More...
   $0 (05-18-2015 - MA)

United States of America v. Dzhokhar Tsarnaev

Boston, MA - The United States of America charged Dzhokhar Tsarnaev, age 21, with thirty felonies including three murder counts in conjunction with the 2013 Boston Marathon bombing that killed three and injured 264 others.

The defense team admitted that he committed the crimes but sought to minimized the punishment based on the Defendant's youth.

The following counts were filed b... More...
   $0 (05-16-2015 - MA)

United States of America v. Daniel E. Carpenter

We opine for the third time on the United States' prosecution of Daniel Carpenter for mail and
wire fraud in connection with his mishandling of client escrow
funds. In 2007, we affirmed a district court order setting aside
a jury verdict of guilty in favor of a new trial. United States v.
Carpenter, 494 F.3d 13 (1st Cir. 2007). In 2013, after a second
jury also found Carpenter ... More...
   $0 (04-01-2015 - MA)

Brian Hunt and Kimberly Hunt v. David Massi and James Porter and Town of Falmouth

This civil rights case arises out of
the refusal of officers serving an arrest warrant to accede to the
request of an arrestee, Brian Hunt, that he be handcuffed with his
hands in front of him, and the ensuing events.
Hunt and his wife brought this case, asserting violations
of his federal constitutional rights under 42 U.S.C. § 1983, as
well as pendent state law claims. T... More...
   $0 (12-10-2014 - MA)

Brendon J. Lydon v. Local 103

Brendon Lydon believes that his union — Local 103 of the
International Brotherhood of Electrical Workers ("Local 103") —
runs its hiring hall in a discriminatory way, retaliated against
him for complaining about the discrimination, and breached its duty
of fair representation. So he sued Local 103 in district court,
alleging violations of several federal labor laws. Acting ... More...
   $0 (10-24-2014 - MA)

David Romulus v. CVS Pharmacy, Inc.

CVS Pharmacy, Inc. takes this
interlocutory appeal from an order granting the plaintiffs' motion
to remand a putative class action for wage and hour violations. In
this case of first impression in this circuit, we clarify the
removal time periods and mechanisms under the Class Action Fairness
Act of 2005 ("CAFA").
Under CAFA, federal courts have jurisdiction over a classMore...
   $0 (10-24-2014 - MA)

Michele C. Tetreault v. Reliance Standard Life Insurance Company

The Employee Retirement Income
Security Act of 1974 (ERISA) governs employee benefit plans. 29
U.S.C. § 1001 et seq. Among other things, the statute permits
beneficiaries to go to court to challenge their plan's decision to
deny or cut off their benefits. Id. § 1132(a)(1)(B). Before
filing suit, however, beneficiaries must first use -- or, as it is
often put, "exhaust" --... More...
   $0 (10-06-2014 - MA)

Darrell D. Debham v. FedEx Home Delivery

Darrell Debnam filed a complaint
against FedEx asserting wage payment claims that can only be
brought by an employee against an employer, and also asserting an
unfair business practice claim under Massachusetts' so-called
"Chapter 93A," Mass. Gen. Laws Ann. 93A, that cannot be brought by
an employee against his employer as such. The actual facts alleged
in the complaint pai... More...
   $0 (09-08-2014 - MA)

Jeffrey M. Healey v. Louis S. Spencer

Jeffrey Healey and Edward
Given reside in the Massachusetts Treatment Center in Bridgewater,
Massachusetts (the Treatment Center or Center). Each has been
civilly committed as a sexually dangerous person (SDP). In
separate suits, Healey and Given challenged the adequacy of sex
offender treatment provided by the Center as well as the conditions
of their confinement. They sou... More...
   $0 (09-03-2014 - MA)

Michael Dunn v. Trustees of Boston College

Michael Dunn appeals the entry
of summary judgment against him on his claim that his former
employer, Boston University ("BU"), discharged him because of his
age in violation of the Massachusetts Fair Employment Practices
Act, Mass. Gen. Laws ch. 151B, § 4.1B. The district court ruled
that Dunn had failed to make out a prima facie case of age
discrimination. Without ruling... More...
   $0 (07-30-2014 - MA)

Santos Ramirez v. Carolina Dream, Inc.

Appellant Santos Ramirez, a
seaman, became ill while working aboard a fishing vessel and was
immediately hospitalized when he returned to shore. Shortly
thereafter, he was diagnosed with aplastic anemia, a serious blood
condition that prevented him from returning to work as a seaman. He
subsequently brought this personal injury action against his
employer, seeking a remedy ... More...
   $0 (07-28-2014 - MA)

Kathleen Shanley v. Daniel Cadle

This case comes to us after more than two
decades of litigation, which, for some of the individual
plaintiffs, had seemingly come to an end with a 2008 settlement
agreement. That year, the defendants (a debt collection agency and
its owners) proposed a comprehensive mediation and settlement for
three lawsuits brought by individual plaintiffs (debtors) in
federal court (Shan... More...
   $0 (07-28-2014 - MA)

Bryan Wyman v. Ayer Properties, LLC

On December 8, 2005, Brian Wyman, Frank Thoms, and Vincent Cascio, as trustees of the Market Gallery Condominium Trust (trustees), filed a civil action against Ayer Properties, LLC (Ayer), seeking damages stemming from the negligent construction of elements of a condominium building by Ayer. The trustees alleged that Ayer -- which had purchased and converted the building in question into condomini... More...   $0 (07-10-2014 - MA)

Katie Graf v. Hospitality Mutual Insurance Company

The Appellee, Hospitality Mutual Insurance Company (“Hospitality”), issued a Liquor Liability Insurance Policy (the “Policy”) to Torcia & Sons, Inc. (“Torcia”). Torcia owns and operates the Fat Cat Bar & Grill (the “Fat Cat”), a Springfield, Massachusetts establishment. The Policy represented the full extent of Torcia’s applicable liability coverage.

The Appellant, Katie G... More...
   $0 (06-11-2014 - MA)

Dagoberto Sanchez v. Gary Roden, Superintendent

The Fourteenth Amendment's Equal Protection Clause guarantees that no citizen will be excluded from jury service solely on account of his or her race. This logical proposition, bordering on the obvious, was enshrined as a matter of clearly established constitutional law in Batson v. Kentucky, 476 U.S. 79 (1986). Indeed, "[t]he Constitution forbids striking [from the jury] even a single prospective... More...   $0 (05-28-2014 - MA)

Rhonda G. Miller v. U.S. Bank, N.A.

Following the 2011 foreclosure on her home, plaintiff Rhonda Mills filed this suit against defendants U.S. Bank, N.A. ("U.S. Bank"), OneWest Bank, F.S.B. ("OneWest"), and Mortgage Electronic Registration Systems, Inc. ("MERS"), raising a potpourri of challenges to OneWest's authority to foreclose on her property. On appeal from the district court's dismissal of her suit for failure to state a clai... More...   $0 (05-27-2014 - MA)

Richard Feingold v. John Hancock Life Insurance Company (USA)

Richard Feingold sued John Hancock Life Insurance Company and John Hancock Life & Health Insurance Company (collectively, "Hancock") in a putative class action for damages said to arise from Hancock's adherence to contractual terms requiring that Hancock be given notice of the death of its insureds before death benefits are paid out to beneficiaries. Specifically, Hancock is said to have an obliga... More...   $0 (05-27-2014 - MA)

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